IMPORTANT – READ CAREFULLY BEFORE USING SENOVA GREENLIGHT. THESE TERMS OF SERVICE (“TOS”) IS A LEGAL AGREEMENT BETWEEN YOU AND SENOVA GESELLSCHAFT FÜR BIOWISSENSCHAFT UND TECHNIK MBH (SENOVA) OR THE SENOVA GREENLIGHTSERVICE AND ANY RELEVANT INFORMATION, FEATURES, FUNCTIONS, AND ADDITIONAL APPLICATIONS OR SOFTWARE THEREOF (COLLECTIVELY, “SENOVA GREENLIGHT” OR “SERVICE”) PROVIDED BY SENOVA OR ITS THIRD-PARTY SUPPLIERS OR LICENSORS. BY AGREEING TO THESE TOS OR BY INSTALLING OR OTHERWISE USING SENOVA GREENLIGHT, YOU AGREE TO BE BOUND BY THESE TOS. IF YOU DO NOT AGREE TO THESE TOS, THEN DO NOT INSTALL OR USE SENOVA GREENLIGHT.
Senova Gesellschaft für Biowissenschaft und Technik mbH is a company registered under the laws of Germany and its office is at Industriestr. 8, 99427 Weimar, Germany.
[SENOVA GREENLIGHTIMPORTANT NOTICES]
SENOVA GREENLIGHTIS INTENDED FOR IN-VITRO-DIAGNOSTC PURPOSES ONLY AS INDICATED IN THE INSTRUCTIONS OF USE OF THE SENOVA GREENLIGHTIN-VITRO DIAGNOSTIC DEVICE [IFU] AND IS NOT INTENDED FOR USE IN THE DIAGNOSIS OF DISEASE OR OTHER CONDITIONS, OR IN THE CURE, MITIGATION, TREATMENT, OR PREVENTION OF DISEASE. SENOVA GREENLIGHTIS NOT INTENDED FOR USE IN THE DETECTION, DIAGNOSIS, MONITORING, MANAGEMENT, OR TREATMENT OF ANY MEDICAL CONDITION, DISEASE OR VITAL PHYSIOLOGICAL PROCESSES OR FOR THE TRANSMISSION OF TIME-SENSITIVE HEALTH INFORMATION OTHER THAN SPECIFIED IN THE IFU. ANY INFORMATION FOUND, ACQUIRED, OR ACCESSED THROUGH SENOVA GREENLIGHTIS MADE AVAILABLE ONLY AS SPECIFIED IN THE IFU AND SHOULD NOT BE TREATED AS MEDICAL ADVICE. YOU SHOULD SEEK MEDICAL ADVICE FROM A DOCTOR TO INTERPRET RESULTS. YOU UNDERSTAND AND AGREE THAT ANY INFORMATION YOU OBTAIN FROM SENOVA GREENLIGHTMAY NOT BE SUITABLE, ACCURATE, COMPLETE, OR RELIABLE AND THAT SENOVA, SAVE AS OTHERWISE PROVIDED FOR IN THESE TOS, WILL NOT BE HELD LIABLE FOR ANY INJURIES, DAMAGES, LOSSES, AND/OR COSTS ASSOCIATED WITH SENOVA GREENLIGHT, NOR FOR THE ACCURACY OR RELIABILITY OF ANY INFORMATION FOUND, ACQUIRED, OR ACCESSED THROUGH SENOVA GREENLIGHT. YOU ACKNOWLEDGE AND AGREE THAT SENOVA IS NOT ENGAGED IN THE PRACTICE OF MEDICINE AND THAT SENOVA DOES NOT DETERMINE THE APPROPRIATE MEDICAL USE OF SENOVA GREENLIGHT. SENOVA GREENLIGHTDOES NOT GENERATE ANY INDIVIDUAL BENEFIT FOR PATIENTS.
These TOS may be revised or updated from time to time subject to prior notice to you. You hereby acknowledge that Senova GreenLight may be changed, updated, or discontinued with or without prior notice. Your use of Senova GreenLight may be suspended or terminated without notice if you breach these TOS or engage in any illegal, inappropriate, or prohibited behavior, such as the rooting, decompiling, or reverse engineering of your mobile device or any of its software. If there is any conflict between these TOS and any other terms and conditions you have agreed to regarding your use of your mobile device, these TOS will prevail.
Senova GreenLight may help you manage precautions by providing relevant reference information and tools, including tools to help you track information generated by Senova GreenLight also within an organization you have been invited to and have agreed to be a member of. Senova Greenlight’s available functions, features, and additional applications may vary from country to country. You
should check the features and applications available in your specific region. You can also use Senova GreenLight and manage your data by logging into your Senova GreenLight account.
Senova GreenLight may make available certain services, connecting devices, websites, and software from third-party service providers (“Third-Party Services”), provided and powered by third-party providers, that will enable you to directly communicate with such provider’s contents, devices, and/or software (“Provider”). The Providers are independent of Senova and Senova GreenLight does not furnish any of the Providers’ services itself, but rather offers a platform on which you may interact directly with the Providers and their services.
You hereby acknowledge and agree that any Third-Party Services are being provided to you by the Provider and not by Senova. Senova is not responsible for the accuracy, reliability, timeliness, and completeness of information contained in any Third-Party Services, or for the security or safety of using them.
Senova is not practicing medicine or any healthcare profession through its offer of such Third-Party Services. Your interactions with Providers are not intended to take the place of your relationship with your regular healthcare providers. Senova does not evaluate, recommend, or endorse any Third-Party Services. Senova does not protect, monitor, or otherwise have access to any information you share with Third-Party Services.
1. Grant of License
Subject to the terms of these TOS, you are granted a limited, non-exclusive, non-transferable, and revocable license to install, access, and use the SERVICE for the intended use as defined in the IFU.
The services and features provided by the SERVICE or Update (defined below) thereto may vary or be limited depending on certain factors, including, without limitation, your country, device, operating system, or service provider.
If you are under the age of 18, you may not use the SERVICE. If you are 18 or older but under the majority age in your jurisdiction, you must review these TOS with your parent or legal guardian to be sure you and your parent or guardian understand and consent to these TOS. Your parent or guardian must accept these TOS. If you are a parent or guardian permitting a person under the age of majority in your jurisdiction (“Minor”) to use the SERVICE, you agree to: (i) supervise the Minor’s use of the SERVICE; (ii) assume all risks associated with the Minor’s use of the SERVICE; (iii) assume any liability resulting from the Minor’s use of the SERVICE; (iv) ensure the accuracy and truthfulness of all information submitted by the Minor; and (v) assume responsibility and are bound by these TOS for the Minor’s access and use of the SERVICE.
2. Reservation of Rights and Ownership
All rights not expressly granted to you hereunder shall belong to Senova. This SERVICE includes software and data provided by third parties. You acknowledge that all articles, text, software, music, sound, photographs, graphics, video, page layouts, design and other material available on or through the SERVICE and its applications and all intellectual property rights therein (collectively, the “Senova GreenLightContents and IPR”) are proprietary to Senova and its third-party licensors, and protected under applicable copyright and other intellectual property laws and treaties. These TOS and your use of the SERVICE do not grant you any ownership interest in or to the SERVICE or the Senova GreenLightContents and IPR, or any data generated by other users of the SERVICE, and you are granted only a limited license to use that is revocable in accordance with the terms of these TOS. You may not use the SERVICE to reproduce copyrighted materials, or materials to which you do not have the right or legal approval for reproduction.
You may not (i) reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code or algorithms of the SERVICE except as permitted by applicable law in the jurisdiction where you are a resident; (ii) modify or disable any features of the SERVICE; (iii) create derivative works based on the SERVICE, except to the extent that your local law requires you to be able to do so; (iv) rent, lease, lend, sublicense, or provide commercial hosting services with the SERVICE; (v) infringe Senova’s intellectual property rights or those of any third party in relation to your use of the SERVICE (to the extent that such use is not licensed by these TOS); (vi) use the SERVICE in any unlawful manner, for any unlawful purpose, or in any commercial manner, for any commercial purpose, or in any manner inconsistent with these TOS, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the SERVICE or any operating system; (vii) use the SERVICE in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and (viii) collect or harvest any information or data from the SERVICE or our systems or attempt to decipher any transmissions to or from the servers running the SERVICE; and/or (ix) do any other act or omit to do any other act which may harm or otherwise prejudice any of the SERVICE and/or the Senova GreenLightContents and IPR.
By submitting or posting any audio, visual, images, comments, profiles, or other written or graphic materials (“Content”) to the SERVICE, you make the legally binding representations set forth below about yourself, how the Content was created, what it contains and certain other information, and you understand and intend that Senova rely on these representations:
If you are the creator of the Content, the Content is your original work and you own it. If created by or with others, you have, or else you have obtained the consent, authorization, and all of the legal rights from all of the creators or persons or entities who have rights in the Content which are necessary for you to submit it to Senova and for Senova to distribute and exercise the other rights in this TOS respecting the Content.
You hereby grant Senova the right to use, copy, modify, reproduce, or distribute any and all of your Content. You also acknowledge and agree that Senova may modify, delete, or hide your Content without notice.
Listing, marketing, delivery, installation, uploading, and use of your Content on the SERVICE does not violate any agreements to which you are a party or of which you are otherwise aware. If your Content includes any open source software, your Content complies with any corresponding license obligations for such open source software and will not cause any software or technology used or comprising the SERVICE to be disclosed or otherwise become part of the public domain.
The Content is not:
- libelous or defamatory;
- obscene, pornographic, sexually explicit, or vulgar, and does not depict nudity or any sexual acts;
- predatory, hateful, or intended to intimidate or harass any person, and does not contain derogatory name-calling;
- in poor taste or is otherwise objectionable, and
The Content does not:
- infringe upon or violate the copyrights, trademarks, or other intellectual property rights of any person or entity.
- violate any person’s right to privacy, publicity, or personality;
- violate any local, state, federal, national, or international law, including any US or foreign export control laws, or the applicable laws of each jurisdiction to which You are submitting the Content for distribution
- contain any viruses, hidden matter, or other malicious elements (including, for example, any “trap doors”, “worms”, “Trojans”, or “time bombs”) or other unauthorized or hidden programs
- collect any user information for which You have not obtained the user’s consent;
- contain or advocate illegal or violent acts;
- degrade any person on the basis of gender, race, class, ethnicity, national origin, religion, sexual orientation, disability, or other classification;
- contain any prohibited content (see 8. Compliance with Law);
- contain advertising;
- contain a solicitation of any kind;
- misrepresent Your identity or affiliation;
- impersonate others.
If these representations are false in any way, you will be responsible for any damages or losses that Senova suffers as a result. In addition, if you discover that any Content violates these representations or that it is otherwise inappropriate, or Senova requests that you do so, you will immediately remove any Content that you have posted from the SERVICE.
4. Update, Change or Suspension of the SERVICE
Senova may, at any time, provide or make available updates or upgrades to the SERVICE (“Updates”), including without limitation, changing the name of the SERVICE, bug fixes, service enhancements, new features, deletion of existing functions, or modification of the SERVICE. Updates will be governed by these TOS unless separate terms and conditions are provided with such Updates which will be duly and timely notified to you, in which case those separate terms and conditions shall govern the Updates. Updates for security software, critical bug fixes, or other important Updates may be
downloaded and installed once you have been notified of the importance of receiving such Updates in a timely manner.
Senova shall nevertheless be under no obligation to provide any Updates or modifications to the SERVICE.
Senova expressly reserves the right to change, suspend, remove, limit the use of, or disable the access to the SERVICE or any portion thereof at any time without notice or liability. It is essential that you back up your data on your device before using the services to avoid losing any data.
5. Third party Services and Content
6. Consent for Collection and Use of Data
7. Data Access
Some features of the SERVICE may require your mobile device to have access to the internet and may be subject to restrictions imposed by your network or internet provider. The SERVICE may require access through your mobile network, which may result in additional charges depending on your payment plan. In addition, your enjoyment of some features of the SERVICE may be affected by the suitability and performance of your device hardware or data access.
8. Compliance with Law
You acknowledge and agree to comply with any and all applicable laws and regulations in using the SERVICE including without limitation, all applicable export restriction laws and regulations.
These TOS are effective upon your acceptance of these TOS, or upon your downloading, accessing or otherwise using the SERVICE. The SERVICE has no predetermined termination date and may continue
until such time as either Senova or you terminate these TOS by notice to the respective other party or if it is otherwise terminated consistent with these TOS. You can terminate these TOS by ceasing your use of the SERVICE, and uninstalling, deleting and returning all related software, documentations, and other materials provided by Senova, including backup copies thereof. Should you not comply with these TOS, your rights based on these TOS will be automatically terminated. Upon termination of these TOS, you must immediately cease all use of the SERVICE. For the purposes of clarity, Senova may terminate these TOS and the SERVICE with notice to you (e.g. service website, pop-up through application, email, etc.).
10. Disclaimer of Warranty
SUBJECT TO CLAUSE 11, SENOVA GREENLIGHTAND SENOVA GREENLIGHTCONTENTS AND IPR ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OR CONTRACTUAL CONDITIONS OF ANY KIND FROM SENOVA OR ITS THIRD-PARTY LICENSORS OR SUPPLIERS, EITHER EXPRESS OR IMPLIED. TO THE EXTENT PERMITTED BY LAW, SENOVA DISCLAIMS ALL WARRANTIES EXPRESSED, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, RELIABILITY, AVAILABILITY, ACCURACY, LACK OF VIRUSES, QUIET ENJOYMENT, NON INFRINGEMENT OF THIRD-PARTY RIGHTS, OR OTHER VIOLATION OF RIGHTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SENOVA SHALL BE DEEMED TO ALTER THIS DISCLAIMER, OR TO CREATE ANY WARRANTY OF ANY SORT FROM SENOVA.
WITHOUT LIMITING THE FOREGOING, SENOVA DOES NOT WARRANT THAT ACCESS TO SENOVA GREENLIGHT, OR ANY FEATURE OR FUNCTION THEREIN, WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED; NOR DOES SENOVA MAKE ANY REPRESENTATIONS ABOUT THE ACCURACY, SAFETY, RELIABILITY, CURRENCY, QUALITY, COMPLETENESS, USEFULNESS, PERFORMANCE, SECURITY, LEGALITY, OR SUITABILITY OF SENOVA GREENLIGHTOR ANY OF THE INFORMATION CONTAINED THEREIN.
11. Limitation of Liability
TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SENOVA OR ITS LICENSORS BE LIABLE TO YOU OR ANY PARTY YOU ALLOW TO USE THE SERVICE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR LOST PROFITS, EVEN IF EACH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS MAY NOT APPLY TO YOU IF A LAW OF A CERTAIN JURISDICTION DOES NOT ALLOW SUCH LIMITATIONS. YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS HEREIN ARE REASONABLE GIVEN THE BENEFITS OF THE SERVICES AND YOU WILL ACCEPT SUCH RISK AND/OR INSURE ACCORDINGLY.
12. Applicable Law
These TOS are governed by the laws of the jurisdiction where you are a resident, without regard to its conflict of law provisions. These TOS shall not be governed by the UN Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. These TOS shall be subject to the non-exclusive jurisdiction of the courts of the Member State in which you are domiciled. To the extent permitted by law, You may also seek protection before a local tribunal.
13. Entire Agreement
These TOS are the entire agreement between you and Senova relating to the SERVICE and supersede all prior or contemporaneous oral or written communications, proposals, and representations with respect to the SERVICE or any other subject matter covered by these TOS. If any provision of these TOS is held to be void, invalid, unenforceable, or illegal, the other provisions shall continue in full force and effect.
Last Updated on 14/05/2021